ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2220

with committee amendments

STATE OF NEW JERSEY

DATED: NOVEMBER 7, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 2220.

      With respect to the enforcement of judgments, decrees or orders of a court of the United States or of any other court which is entitled to full faith and credit in this State, this bill adopts the practice used in federal courts for the inter-district enforcement of the judgments of federal district courts. The bill relieves creditors and debtors of the additional cost and harassment of further litigation currently experienced with respect to the enforcement of a foreign judgment.

      Forty-two states have enacted this uniform act since it was proposed in 1964 by the National Conference of Commissioners on Uniform State Laws and the American Bar Association. New Jersey is one of eight states that have yet to adopt this uniform act.

      The committee amendments in section 4 are intended to help the court identify those cases in which foreign judgments are not properly enforceable in this State. New Jersey courts will not enforce a judgment where an appeal is pending in the court of origin or where that court has granted a stay of execution. The intent of the amendment is to give the court the information pertinent to the legal status of the underlying foreign judgment.